Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)

I filed WOM over AOS case on May 7,2007. Two month later, the USA asked for 60 day extension to file initial response and the judge granted it. TOday I received a copy of second motion for extension of time by the USA asking for another 30 days of extension to file initial resonse. I am not concerned about the 30 day extension. However, it is the language in the motion concerned me.
Most of the contents of the motion is to state facts and the reason for extension why extra time is needed. But the second paragraph states:

2. Judges Chasanow, Motz, and Williams have recently held that this court lacks subject -matter jurisdiction to issue a write of mandamus in such circumstances. See Goumilevshy v. Chertoff, etla, No. DKC-2006-3247 (D. MD. July 27, 2007); Konoplev v. Chertoff, No. JFM-06-3415 (D.Md, Aug. 10,2007); Lyatkin v. Chertoff, No. AW-07-573 (D. Md. Aug. 22,2007); Singh v. Chertoff, No. AW-07-895 (D. Md. Aug,22, 2007).

SO I have the following questions
1.To me, this paragraph seems not relate to reasons for extension of time but a motion to dissmiss. Should I file a reply to the motion?
2. HOW do I find cases that in favor of my WOM in the district of maryland?
In the second paragraph, the USA includes a few newest cases against me. I guess I have to be prepared to fight back.
 
zlcjf said:
I filed WOM over AOS case on May 7,2007. Two month later, the USA asked for 60 day extension to file initial response and the judge granted it. TOday I received a copy of second motion for extension of time by the USA asking for another 30 days of extension to file initial resonse. I am not concerned about the 30 day extension. However, it is the language in the motion concerned me.
Most of the contents of the motion is to state facts and the reason for extension why extra time is needed. But the second paragraph states:

2. Judges Chasanow, Motz, and Williams have recently held that this court lacks subject -matter jurisdiction to issue a write of mandamus in such circumstances. See Goumilevshy v. Chertoff, etla, No. DKC-2006-3247 (D. MD. July 27, 2007); Konoplev v. Chertoff, No. JFM-06-3415 (D.Md, Aug. 10,2007); Lyatkin v. Chertoff, No. AW-07-573 (D. Md. Aug. 22,2007); Singh v. Chertoff, No. AW-07-895 (D. Md. Aug,22, 2007).

SO I have the following questions
1.To me, this paragraph seems not relate to reasons for extension of time but a motion to dissmiss. Should I file a reply to the motion?
2. HOW do I find cases that in favor of my WOM in the district of maryland?
In the second paragraph, the USA includes a few newest cases against me. I guess I have to be prepared to fight back.
Click to expand...

1. File a reply and oppose the extension. You've waited twice as long and AUSA wants more? State that one 60-day extension was already granted and that the nature of lawsuit is the agency delay. Any further extensions just enlarge the delay.
Citing other cases does nothing to justify the extension.
2. I am not aware of any successfull cases in MD or even in 4th Circuit. Be prepared to fight back and to appeal.
 
AGC4ME said:
Nope nothing was done after september 2004. avg time for small is 104 days, medium 272 days and large is 558 days.

I think my main argument is, yeah FBI had a hit. We cannot even prove whether the hit was against my name or some variation of my name (remember the permutations and combinations). But the hit was dangerous enough that the adjudication of I-485 form should be delayed but benign enough that the alien can be given EADs and APs and be allowed to live, work and travel freely within this country.
Click to expand...

So even if your hit is in large category, you have waited twice as long. There was no movement on your case since September 2004. The delay is not your fault. Enough for MSJ.
 
WoM against FBI

Has anybody filed a WoM against FBI . I like to file the WoM against the FBI so they have to come forward with the Backround check.
And how i can proof that the have a request form the USCIS - is there a way to get infos??
And any positive WoM in Southern California
WoM still possibile
( USCIS CLARIFIES CRITERIA TO EXPEDITE FBI NAME CHECK
Federal Litigation Removed as Sole Basis to Expedite Check)


(storry got married 09/17/2004 and filed aqpril 2006 my application - rude IO on the interwiev - still waiting - over stay my B2 Visa over 180 days )
 
lazycis said:
1. File a reply and oppose the extension. You've waited twice as long and AUSA wants more? State that one 60-day extension was already granted and that the nature of lawsuit is the agency delay. Any further extensions just enlarge the delay.
Citing other cases does nothing to justify the extension.
2. I am not aware of any successfull cases in MD or even in 4th Circuit. Be prepared to fight back and to appeal.
Click to expand...

Lazycis:

THanks for your reply! If situation for WOM is bad in MD, should I give AUSA more time instead of arguing about time right now? It seems AUSA is either too busy to file a MTD right away or trying to help to solve this case. Is it standard to file a reply for motion for extension or just wait for judge rule?
 
Need your help

Hi Lazycis,
I need you favor.
Attached here is the Disclosure of Corporate Affiliations form that I was supposed to trun in within 14 days after I filed the Notice of Appeal. But I forgot to do it. Now I was requested to file out it immediately.
I don't know what I should put in "amicus" and question No.6. I hope to get your advice.

Tons of thanks in advance!
Xiaocao
 
I got similar letter in response to my letter to first lady back in April, now NC still pending. Hope they really are working on it.


duck008 said:
Today I got a response from the Department of Justice saying that my letter to Mrs. Bush concerning name checks were forwarded to them and FBI on July 25. It then explained to me the difference between FOIPA and NNCP.

Attached to the letter was a note from the FBI name check program section chief Michael A. Cannon which stated that my wife's name check was done on the day the request was received on May 28, 2004. What's interesting is that on May 28 of 2004 my I-485 had not even been filed yet!!! Also, when I had an info pass interview about 7 month ago, I was told that my wife's name check was also pending!!!

The note also mentioned that my name check request was pending since it was received on Feburary 4, 2005 and assurred me that they are trying to get it done "as quickly as possible". So now at least I know that they are aware of my case and told me that they are working on it.

From this, it seems that writing to Mrs. Bush can actually help. Although I hope that they won't use this letter to help make the case to dismiss my WOM case.
Click to expand...
 
Agree with lazy,
MD is one of the worst for WOM on AOS, oppose their extension and prepare to fight for the next step. Good luck.

zlcjf said:
I filed WOM over AOS case on May 7,2007. Two month later, the USA asked for 60 day extension to file initial response and the judge granted it. TOday I received a copy of second motion for extension of time by the USA asking for another 30 days of extension to file initial resonse. I am not concerned about the 30 day extension. However, it is the language in the motion concerned me.
Most of the contents of the motion is to state facts and the reason for extension why extra time is needed. But the second paragraph states:

2. Judges Chasanow, Motz, and Williams have recently held that this court lacks subject -matter jurisdiction to issue a write of mandamus in such circumstances. See Goumilevshy v. Chertoff, etla, No. DKC-2006-3247 (D. MD. July 27, 2007); Konoplev v. Chertoff, No. JFM-06-3415 (D.Md, Aug. 10,2007); Lyatkin v. Chertoff, No. AW-07-573 (D. Md. Aug. 22,2007); Singh v. Chertoff, No. AW-07-895 (D. Md. Aug,22, 2007).

SO I have the following questions
1.To me, this paragraph seems not relate to reasons for extension of time but a motion to dissmiss. Should I file a reply to the motion?
2. HOW do I find cases that in favor of my WOM in the district of maryland?
In the second paragraph, the USA includes a few newest cases against me. I guess I have to be prepared to fight back.
Click to expand...
 
lazy cis

lazycis said:
So even if your hit is in large category, you have waited twice as long. There was no movement on your case since September 2004. The delay is not your fault. Enough for MSJ.
Click to expand...

lazy cis,

i talked to the lawyer on wednesday last week and he said my case is a simple one as my name check have passed and they are still delaying me for my A file to transfer so they are delaying me for their mistake.

he told me how is the AUSA going to stand infront of the judge and say ur owner my client lost the petioner file.

whats ur input would my case go to trial or would it be resolved early.

tell me what do u think
 
Bou said:
I got similar letter in response to my letter to first lady back in April, now NC still pending. Hope they really are working on it.
Click to expand...

Yes, it is the "hope" part. I was losing hope and now this letter shed a little light of hope in me.
 
AGC4ME said:
Congratulations. To provide proper closure I would suggest that you file a motion to dismiss based on FRCP 41(a)(1)
Click to expand...

Thanks, AGC4ME.
I read the rule and it is not very obvious to me. please help on the following questions:
1. when I file a "motion of dismiss" to the court, do I need to send copies to all the defendents plus the US attorney as well as the district US attorney?
2. anything else that I need to do other than file the "motion of dismiss"

Thanks,
 
motion to dismiss

Could anybody post an example of "motion to dismiss" initiated by the Plaintiffs? thanks a million.
 
Forget it. The days that I quoted are for RIDS

And RIDS specifically deals wit FOIA requests. Even though their title is Records/Information Dissemination Section....
 
Need your help

I had a double last name F. Nxxx - Hxxx and i dropt one name Hxxx and keep biths name F.N - any body had a same case?
Now i stuck in FBI Name check -
 
congratulations! Tell me which court you filed WOM?

congratulations! Tell me which court you filed WOM?

vcs_victim said:
08/24/2007: filed reply to AUSA's reply to MSJ
08/30/2007: Motion for expedited consideration was granted by the judge
09/07/2007: 485's were approved exacly 53 months after they were filed
vcs_victim
Click to expand...
 
xiaocao said:
Hi Lazycis,
I need you favor.
Attached here is the Disclosure of Corporate Affiliations form that I was supposed to trun in within 14 days after I filed the Notice of Appeal. But I forgot to do it. Now I was requested to file out it immediately.
I don't know what I should put in "amicus" and question No.6. I hope to get your advice.

Tons of thanks in advance!
Xiaocao
Click to expand...

Hey, Xiaocao,

You do not have to put anything in No.6 as it is only for bankruptcy cases. Amicus does not relate to you as well. Amicus is related to a third party which is not involved in the case directly. For example, AILA can file an amicus brief to support your position, if it wants to.

Wish you the best.
 
zlcjf said:
Lazycis:

THanks for your reply! If situation for WOM is bad in MD, should I give AUSA more time instead of arguing about time right now? It seems AUSA is either too busy to file a MTD right away or trying to help to solve this case. Is it standard to file a reply for motion for extension or just wait for judge rule?
Click to expand...

Giving AUSA more time is OK only if he is working to resolve your case. Otherwise you just give him/her more time to prepare and prolong your case which is not in your best interest.
 
worried2007 said:
lazy cis,

i talked to the lawyer on wednesday last week and he said my case is a simple one as my name check have passed and they are still delaying me for my A file to transfer so they are delaying me for their mistake.

he told me how is the AUSA going to stand infront of the judge and say ur owner my client lost the petioner file.

whats ur input would my case go to trial or would it be resolved early.

tell me what do u think
Click to expand...

I agree with the lawyer. There will be no trial in your case, that's for sure. Expect to be a citizen within 2 months of filing the suit.
 
hey lazycis..i asked ur suggestion 2 days ago about going for a lawsuit and u asked me what area..i am from..
first sorry for late reply..
i am from new hampshire
i dont know which district..and please help me where to satrt?
do i need a lawyer?
 
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